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FOLSOM v. SEAPY

Nos. 6748, 6749.

10 F.2d 322 (1925)

FOLSOM v. SEAPY et al. SEAPY et al. v. FOLSOM.

Circuit Court of Appeals, Eighth Circuit.

November 27, 1925.

Attorney(s) appearing for the Case

Joe Kirby, of Sioux Falls, S. D. (Kirby, Kirby & Kirby, of Sioux Falls, S. D., R. H. Burton-Smith, of Sioux City, Iowa, and S. K. Grigsby, of Sioux Falls, S. D., on the brief), for plaintiff.

Charles V. Caldwell, of Sioux Falls, S. D. (Clarence C. Caldwell, of Sioux Falls, S. D., on the brief), for defendants.

Before STONE and KENYON, Circuit Judges, and PHILLIPS, District Judge.

PHILLIPS, District Judge.

This is an action to cancel a deed of conveyance from Irving W. Seapy to Jessie E. Seapy, his wife.

On the 9th of August, 1919, Irving W. Seapy owned 240 acres of farming land particularly described as follows: The N. E. ¼ and the N. ½ of the S. E. ¼ of section 27, township 98 north, range 49, Lincoln county, S. D. This land at that time was worth approximately $75,000. It was incumbered by a mortgage for $12,000. The...

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